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Recent cases

Conor Medsystems Inc v Angiotech Pharmaceuticals Inc [2008] UKHL 499 July 2008In Conor v. Angiotech, the House of Lords had to consider the validity of a patent claim to a device (a stent coated with taxol) said to be useful in treatment of a certain medical condition (restenosis). The description of the patent did not show that the device was in fact useful in treatment of […]
British Sky Broadcasting Plc and Others v Sky Home Services Limited and Others [2008] EWCA Civ 11013 July 2008Tom Moody-Stuart appeared for the Respondents in this Court of Appeal hearing in July 2008. BSkyB sued Sky Home Services in 2006 for passing off. The Court held that Sky Home Services had passed off their contracts as if they had been approved by BSkyB but that there was no passing off in relation to […]
Actavis v Janssen [2008] EWHC 1422 (Pat)30 June 2008Daniel Alexander QC and James Whyte acted for J&J group company, Janssen, in defence of a patent in the field of chiral chemistry relating to beta-blocking agents for hypertension. The judgment of Floyd J, from the hearing in May 2008, addressed the scope of application of the Mobil approach to second medical uses, and obviousness […]
Markem v Zipher [2008] EWHC 1379 (Pat)25 June 2008Adrian Speck and Jonathan Hill appeared in the trial of infringement and validity in the long running dispute of Markem v. Zipher in which previous decisions dealt with issues of entitlement. The trial was heard in April 2008 and Judgment was delivered in June that year.
Football Association Premier League v QC Leisure and Others [2008] EWHC 1411 (Ch)24 June 2008Mr Justice Kitchin has decided that a number of key issues in a dispute between the Football Association Premier League, and various suppliers of foreign satellite decoder cards and publicans who have installed foreign satellite systems, should be sent to the European Court of Justice for a ruling. The Premier League is alleging that these […]
Novartis AG v Dexcel Pharma Limited [2008] EWHC 1266 (Pat)10 June 2008In June 2008, Daniel Alexander QC and Mark Chacksfield acted for Novartis in obtaining an interim injunction in a patent dispute concerning one of Novartis’ leading products, NEORAL®, a cyclosporin formulation. The case involved the question of the extent to which the court was bound by an earlier court’s approach to interpretation of the claims […]
Actavis v Merck [2008] EWCA Civ 44421 May 2008Peter Prescott QC was leading counsel in the landmark case of Actavis v. Merck which aligned UK practice as regards Swiss-claims with that of the EPO. He persuaded the Court of Appeal to establish a new exception to the long-standing rule in Young v. Bristol Aeroplane (that a later court of appeal is bound by […]
Rolawn v Turfmech [2008] EWHC 989 (Pat)7 May 2008Daniel Alexander QC and Robert Onslow acted for the claimant and Andrew Lykiardopoulos acted for the defendant in Rolawn v. Turfmech in a trial before Mann J concerning the scope of design rights in giant lawn mowers for turf growing, raising issues of the nature of the aspects of shape and configuration protected by design […]
Buhler AG v FP Spomax [2008] EWHC 823 (Ch)21 April 2008A patent infringement and validity case heard in February 2008, regarding a patent for a new ‘double roller’ grinding process method of milling flour for starch. The Defendant alleged that the patent was invalid for obviousness. The Judge held that the patent was obvious. Andrew Lykiardopoulos appeared on behalf of the successful Defendant.
Abbott Laboratories v Evysio Medical Devices ULC [2008] EWHC 800 (Pat)21 April 2008The Defendant had three patents relating to coronary stents. The Claimant sought a declaration of non-infringement of these patents in relation to its own coronary stent. The Defendant counter-claimed for infringement. The Claimant challenged the validity of the patents claiming that the patents were obvious, insufficient, the claims were not entitled to priority and that […]